Moore v. Punita Leathers, Inc.

On December 28, 2011, citizen enforcer John Moore and settling defendant Punita Leathers, Inc. ("Punita") entered into an out-of-court Settlement Agreement, which resolved Moore's allegations that Punita sold coverings for organizers containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Punita agreed not to sell any coverings for organizers in California after December 16, 2011, unless the organizers contain no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Punita eliminate the need for Proposition 65 warnings on the coverings by December 15, 2012, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $12,500, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moore and his counsel for their successful enforcement of this matter in the public interest.